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United States Patent and Trademark Office 


UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 
Address: COMMISSIONER FOR PATENTS 
P.O. Box 1450 

Alexandria, Virginia 22313-1450 
www.uspto.gov 


APPLICATION NO. 


FILING DATE 


FIRST NAMED INVENTOR 


ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


09/755,408 


01/05/2001 


Robert I. Nurse 


7903ML 


5236 


27752 7590 05/02/2007 

THE PROCTER & GAMBLE COMPANY 
INTELLECTUAL PROPERTY DIVISION - WEST BLDG, 
WINTON HILL BUSINESS CENTER - BOX 412 . 
6250 CENTER HILL AVENUE 
CINCINNATI, OH 45224 


EXAMINER 


ART UNIT 


PAPER NUMBER 


DATE MAILED: 05/02/2007 


Please find below and/or attached an Office communication concerning this application or proceeding. 


PTO-90C (Rev. 10/03) 


Notification of Non-Compliant Appeal Brief 
(37 CFR 41.37) 

Application No. 

09/755.408 

Applicant(s) 

NURSE. ROBERT 1. 

Examiner 

Stephen J. Castellano 

Art Unit 

3781 



"The MAILING DATE of this communication appears on the cover sheet with the correspondence address- 


The Appeal Brief filed on 26 January 2007 is defective for failure to comply with one or more provisions of 37 CFR 41 .37. 

To avoid dismissal of the appeal, applicant must file a complete new brief in compliance with 37 CFR 41.37 within ONE 
MONTH or THIRTY DAYS from the mailing date of this Notification, whichever is longer. EXTENSIONS OF THIS TIME 
PERIOD MAY BE GRANTED UNDER 37 CFR 1.136. 

1 . □ The brief does not contain the items required under 37 CFR 41 .37(c), or the items are not under the proper 

heading or in the proper order. 

2. □ The brief does not contain a statement of the status of all claims, (e.g., rejected, allowed or confirmed, 

withdrawn, objected to, canceled), or does not identify the appealed claims (37 CFR 41.37(c)(1)(iii)). 

3. □ At least one amendment has been filed subsequent to the final rejection, and the brief does not contain a 

statement of the status of each such amendment (37 CFR 41 .37(c)(1)(iv)). 

4. □ (a) The brief does not contain a concise explanation of the subject matter defined in each of the independent 

claims involved in the appeal, referring to the specification by page and line number and to the drawings, if any, 
by reference characters; and/or (b) the brief fails to: (1) identify, for each independent claim involved in the 
appeal and for each dependent claim argued separately, every means plus function and step plus function under 
35 U.S.C. 112, sixth paragraph, and/or (2) set forth the structure, material, or acts described in the specification 
as corresponding to each claimed function with reference to the specification by page and line number, and to 
the drawings, if any, by reference characters (37 CFR 41 .37(c)(1 )(v)). 

5. □ The brief does not contain a concise statement of each ground of rejection presented for review (37 CFR 

41.37(c)(1)(vi)) 

6. □ The brief does not present an argument under a separate heading for each ground of rejection on appeal (37 CFR 

41. 37(0(1 )(vii)). 

7. □ The brief does not contain a correct copy of the appealed claims as an appendix thereto (37 CFR 

41.37(c)(1)(viii)). . 

8. □ The brief does not contain copies of the evidence submitted under 37 CFR 1.130, 1.131. or 1.132 or of any 

other evidence entered by the examiner and relied upon by appellant in the appeal, along with a statement 
setting forth where in the record that evidence was entered by the examiner, as an appendix thereto (37 
CFR41.37(c)(1)(ix)). 

9. □ The brief does not contain copies of the decisions rendered by a court or the Board in the proceeding 

identified in the Related Appeals and Interferences section of the brief as an appendix thereto (37 CFR 
4l37(c)(1)(x)). 

10.13 Other (including any explanation in support of the above items): 

The claims appendix includes canceled and withdrawn claims. The claims appendix should include only claims rejected 
and on appeal. 



Primary Examiner 

Art Unit: 3781 

U.S. Patent and Trademark Office 

PTOL-462 (Rev. 9-04) Notification of Non-Compliant Appeal Brief (37 CFR 41 .37) Part of Paper No. 20070423